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Housing and Regeneration Bill


Housing and Regeneration Bill
Part 2 — Regulation of Social Housing
Chapter 8 — General

92

 
 

Expression

Section

 
 

Provider of social housing

Section 79

 
 

Registered charity

Section 238

 
 

Registered company

Section 238

 
 

Registered provider of social housing

Section 79

 

5

 

The regulator

Section 80

 
 

The Regulator of Social Housing

Section 80

 
 

Representations

Section 238

 
 

Secure tenancy

Section 238

 
 

Secured creditor

Section 238

 

10

 

Social housing

Section 67

 
 

Subsidiary

Section 235

 
 

Tenant

Section 238

 
 

Miscellaneous

240     

Consequential amendments

15

In secondary legislation made before the commencement of this Part a

reference to registered social landlords shall be treated as including a reference

to registered providers of social housing.

241     

Transitional

(1)   

The regulator shall include in the register under section 108 on its

20

establishment anyone—

(a)   

who was registered under section 1 of the Housing Act 1996 (c. 52)

(register of social landlords) immediately before section 63 came into

force, and

(b)   

in relation to whom the Relevant Authority was the Housing

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Corporation (in accordance with section 56 of that Act).

(2)   

A person registered under this section shall be designated (initially) as a non-

profit organisation.

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

93

 

Part 3

Other provisions

Chapter 1

Sustainability certificates

General

5

242     

Certificates for new homes

(1)   

A person who is selling a residential property as a new property must supply

the purchaser with—

(a)   

a sustainability certificate, or

(b)   

a written statement to the effect that there is no sustainability certificate

10

for the property.

(2)   

If the seller is to supply a sustainability certificate, the seller must supply it

before the sale is agreed if it is reasonably practicable to do so.

(3)   

If it is not reasonably practicable to do so, the seller must—

(a)   

supply an interim certificate before the sale is agreed, and

15

(b)   

supply the sustainability certificate at such time, or within such period,

as may be prescribed.

(4)   

If the seller is to supply a statement, the seller must supply it before the sale is

agreed.

(5)   

The appropriate national authority may by regulations require sellers to

20

supply certificates or statements to purchasers earlier than required by

subsection (2), (3)(a) or (4).

(6)   

The appropriate national authority may by regulations provide for exceptions

from any duty imposed by virtue of subsections (1) to (5) in such cases and

circumstances, and to such extent, as may be specified in the regulations.

25

(7)   

Regulations under subsection (6) may impose alternative duties in relation to

the supply of certificates or statements.

(8)   

The seller is not required to comply with a requirement imposed by virtue of

this section if the seller has a reasonable excuse for not complying with the

requirement.

30

(9)   

The seller may not charge for supplying a certificate or statement by virtue of

this section.

(10)   

The power conferred by subsection (3)(b) may, in particular, be exercised so as

to prescribe a time, or a period which ends, after the completion of the sale.

(11)   

In this Chapter—

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“interim certificate” means a document which—

(a)   

contains an interim assessment of the sustainability of a

residential property, and

(b)   

complies with the requirements of regulations under this

Chapter,

40

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

94

 

“sustainability certificate” means a document which—

(a)   

contains a final assessment of the sustainability of a residential

property, and

(b)   

complies with the requirements of regulations under this

Chapter.

5

243     

Meaning of sustainability

(1)   

For the purposes of this Chapter the sustainability of a residential property

relates to the extent to which—

(a)   

the materials used in the property,

(b)   

other aspects of the design and construction of the property, and

10

(c)   

any services, fittings and equipment provided in, or in connection with,

the property,

   

meet any sustainability standards.

(2)   

Sustainability standards are standards prescribed by the appropriate national

authority for any of the following purposes—

15

(a)   

ensuring the health, safety, welfare and convenience of persons in or

about the property and of others who may be affected by the property

or matters connected with it,

(b)   

furthering the efficient management of the property and of its

construction,

20

(c)   

furthering energy efficiency,

(d)   

furthering the efficient use of water and minimising flood risk,

(e)   

furthering efficient waste management,

(f)   

furthering the protection or enhancement of the environment, and

(g)   

furthering the prevention or detection of crime.

25

(3)   

The appropriate national authority may by regulations amend subsection (2)

so as to add, remove or alter purposes for the time being contained there.

(4)   

The references in this section to the construction of the property include

references to any related demolition and any off-site activities relating to the

construction or demolition.

30

244     

Authorised assessors

(1)   

The assessment of the sustainability of a residential property is to be carried

out for the purposes of this Chapter by an authorised assessor.

(2)   

The appropriate national authority may by regulations make provision about

authorised assessors.

35

(3)   

The regulations must specify the persons or descriptions of persons who are to

be authorised assessors.

(4)   

Subsections (5) to (9) apply if regulations under subsection (2) provide for

authorised assessors to be persons accredited under an approved accreditation

scheme.

40

(5)   

The regulations may make provision about accreditation schemes.

(6)   

The regulations may, in particular, provide for—

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

95

 

(a)   

the approval by the appropriate national authority of one or more

accreditation schemes (whether established by the appropriate national

authority or another person),

(b)   

the withdrawal by the appropriate national authority of any such

approval,

5

(c)   

the charging of fees under accreditation schemes.

(7)   

Any regulations of the kind mentioned in subsection (6)(a) must require the

appropriate national authority to be satisfied, before approving an

accreditation scheme, that the scheme contains appropriate provision—

(a)   

for ensuring that members of the scheme are fit and proper persons

10

who are qualified (by their education, training and experience) to carry

out assessments,

(b)   

for ensuring that a code of conduct for members of the scheme is

maintained and published,

(c)   

for ensuring that members of the scheme have in force suitable

15

indemnity insurance,

(d)   

for facilitating the resolution of complaints against members of the

scheme,

(e)   

for requiring certificates or other documents given by members of the

scheme to be entered on a register under section 245,

20

(f)   

for the keeping of a public register of the members of the scheme, and

(g)   

for such other purposes as may be specified in the regulations.

(8)   

Subsection (7) does not limit the matters which the regulations may require the

appropriate national authority to be satisfied about before approving an

accreditation scheme.

25

(9)   

Regulations under subsection (5) may, in particular, require or authorise an

approved accreditation scheme to contain provision about any matter relating

to sustainability certificates or other documents with which the scheme is

concerned (including the terms on which members of the scheme may

undertake to produce such documents).

30

245     

Register of certificates

(1)   

The appropriate national authority may by regulations make provision about

a register of sustainability certificates.

(2)   

The regulations may, in particular, make provision of the kind mentioned in

subsections (3) to (7).

35

(3)   

The regulations may provide for a register to be kept—

(a)   

by (or on behalf of) the appropriate national authority, or

(b)   

by such other person as the regulations may specify or describe.

(4)   

The regulations may require a person wishing to enter a document onto a register to

pay such fee as may be prescribed.

40

(5)   

No person may disclose—

(a)   

a register or any document (or part of a document) contained in it, or

(b)   

any information contained in, or derived from, a register,

   

except in accordance with any provision of the regulations which authorises or

requires such a disclosure to be made.

45

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

96

 

(6)   

The regulations may make provision as to circumstances in which, or purposes

for which, a person or a person of a prescribed description—

(a)   

may (on payment of such fee, if any, as may be prescribed)

(i)   

inspect a register or any document (or part of a document)

contained in it,

5

(ii)   

take or be given copies of a register or any document (or part of

a document) contained in it, or

(iii)   

be given information contained in, or derived from, a register,

or

(b)   

may disclose anything obtained by virtue of provision made under

10

paragraph (a).

(7)   

The purposes which may be so prescribed may be public purposes or purposes

of private undertakings or other persons.

(8)   

A person who contravenes subsection (5) is guilty of an offence and liable on

summary conviction to a fine not exceeding level 5 on the standard scale.

15

(9)   

The appropriate national authority may by regulations provide for interim

certificates or other documents to be included on a register.

(10)   

In such a case, subsections (1) to (8) apply in relation to the interim certificates

or other documents concerned as they apply in relation to sustainability

certificates.

20

Enforcement

246     

Enforcement authorities

(1)   

Every local weights and measures authority is an enforcement authority for the

purposes of this Chapter.

(2)   

It is the duty of each enforcement authority to enforce in its area the duties

25

imposed by virtue of section 242.

247     

Power to require production of certificates or statements

(1)   

Subsection (2) applies if an authorised officer of an enforcement authority

believes that a person is, or has been, subject to a duty imposed by virtue of

section 242 to supply a certificate or statement in relation to a particular

30

property.

(2)   

The officer may require the person to produce for inspection a copy of the

certificate or statement.

(3)   

The power conferred by subsection (2) includes power—

(a)   

to require the production of a legible hard copy of any certificate or

35

statement which is held in electronic form, and

(b)   

to take copies of any hard copy produced for inspection.

(4)   

A requirement under this section may not be imposed more than 6 months

after the last day for supplying the certificate or statement concerned in

pursuance of the duty imposed by virtue of section 242.

40

(5)   

A person is not required to comply with a requirement under this section if the

person has a reasonable excuse for not complying with the requirement.

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

97

 

(6)   

Subject to this, a person subject to such a requirement must comply with it

within the period of 7 days beginning with the day after that on which it is

imposed.

248     

Penalty charge notices

(1)   

An authorised officer of an enforcement authority may give a penalty charge

5

notice to a person if the officer believes that the person has committed a breach

of—

(a)   

any duty imposed by virtue of section 242, or

(b)   

any duty under section 247.

(2)   

A penalty charge notice may not be given after the end of the period of 6

10

months beginning with the day (or, in the case of a continuing breach, the last

day) on which the breach of duty was committed.

(3)   

Schedule 8 (which makes further provision about penalty charge notices) has

effect.

249     

Offences relating to enforcement officers

15

(1)   

A person who, without reasonable excuse, obstructs an officer of an

enforcement authority who is acting in pursuance of duties imposed by virtue

of this Chapter is guilty of an offence.

(2)   

A person who, not being an authorised officer of an enforcement authority,

purports to act as such in pursuance of section 247 or 248 is guilty of an offence.

20

(3)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Supplementary

250     

Grants

(1)   

The appropriate national authority may make grants towards expenditure incurred by

25

any person in connection with the development of proposals for, or the operation of

(a)   

a register under section 245, or

(b)   

accreditation schemes or any other provision which may be made by

regulations under this Chapter.

(2)   

A grant under this section may be made on conditions, which may include

30

(among other things)—

(a)   

conditions as to the purposes for which the grant or any part of it may

be used, and

(b)   

conditions requiring the repayment (with or without interest) of the

grant or any part of it in such circumstances as may be specified in the

35

conditions.

251     

Suspension of duties

(1)   

The appropriate national authority may by regulations suspend (or later

revive) the operation of any duty imposed by virtue of section 242.

 
 

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 1 — Sustainability certificates

98

 

(2)   

Such regulations may provide for the suspension of a duty to take effect only

for a period specified in the regulations.

(3)   

A duty which is (or is to any extent) revived after being suspended may be

suspended again.

252     

Disclosure of certificates etc.

5

(1)   

The appropriate national authority may by regulations make provision about

the disclosure of—

(a)   

sustainability certificates, interim certificates or statements of the kind

mentioned in section 242(1)(b),

(b)   

copies of any such documents,

10

(c)   

any information contained in, or derived from, any such documents or

copies, or

(d)   

any information collected by an authorised assessor for the purposes of

preparing a sustainability certificate or an interim certificate.

(2)   

A person who, without reasonable excuse, discloses anything whose

15

disclosure is prohibited by regulations under subsection (1) is guilty of an

offence and liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

253     

General powers to make regulations

(1)   

The appropriate national authority may by regulations make such provision as

20

the authority considers appropriate—

(a)   

for the general purposes, or any particular purpose, of this Chapter,

(b)   

in consequence of any provision made by virtue of this Chapter or for

giving full effect to it.

(2)   

Such regulations may, in particular, provide for—

25

(a)   

the form and content of sustainability certificates and interim

certificates,

(b)   

the form and content of written statements of the kind mentioned in

section 242(1)(b),

(c)   

ways in which sustainability standards may be met,

30

(d)   

the issue of guidance for the purposes of this Chapter,

(e)   

the relationship between any provision made by virtue of this Chapter

and any provision made by virtue of Part 5 of the Housing Act 2004

(c. 34) (home information packs) or in relation to energy performance

certificates.

35

(3)   

Regulations made by virtue of subsection (2)(a) or (b) may, in particular,

provide for the form or content of the documents concerned to be such as may

be approved by the appropriate national authority.

(4)   

In subsection (2)(e) “energy performance certificate” has the same meaning as

in the Energy Performance of Buildings (Certificates and Inspections) (England

40

and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any

corresponding subsequent regulations.

 
 

 
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